When planning their estate, Muslims in Singapore are subject to Syariah law. A will under Syariah law is commonly known as a wasiat. Like a civil will, the wasiat sets out how the deceased’s estate is to be distributed. There are several things to note when writing a wasiat.
You must be at least 21 years old and of sound mental capacity in order to prepare your wasiat.
The signing of the wasiat must be witnessed by at least two other people. The witnesses cannot be male Muslims who are beneficiaries of the wasiat.
There are more limitations to a wasiat then a civil will. For example, the estate to be included in the wasiat may not amount to more than one-third of the estate. In addition, the beneficiaries under the wasiat cannot also be a faraid heir. Examples of faraid heirs are parents, spouse, children, grandchildren, and siblings.
In addition to preparing a wasiat, it is recommended to prepare a Lasting Power of Attorney (LPA) as well. An LPA allows you to appoint someone that you trust to make decisions for you in the event you are unable to make decisions for yourself due to “an impairment of, or a disturbance in the functioning of, the mind or brain.”
A hibbah is a gift under Syariah law. It is one of the tools used in estate planning by Syariah lawyers.
More considerations arise where a Muslim has made civil law arrangements, such as wills and trusts, and where the Muslim was a convert, i.e. not Muslim at birth.
IRB Law has one of the largest Syariah law practices, with more than 10 lawyers and paralegals with expertise in this unique area of law. Our Syariah law practitioners are conversant in Malay, Tamil, Chinese and English.
Speak to our team today to get a full understanding of your rights and obligations.
Get in touch for an initial consultation so we can better understand your situation and give you an idea of the options, process and potential fees involved.
We are committed to resolving
your matter quickly and without
incurring unnecessary costs.
We offer more than the typical
incorporation companies. We
are also a full service law firm
with 20 full time lawyers.
We believe legal services should
be affordable to all. We offer
transparent, affordable, and
fixed free pricing.
Baiross is the managing partner of IRB Law LLP. He is an experienced lawyer with an excellent reputation across a broad selection of practice areas including divorce, insolvency, crime, probate, syariah, and civil litigation.
Mohammed Shakirin graduated from the highly selective Graduate LLB program at the National University of Singapore with a Bachelor of Laws (Hons). He covers a wide range of legal areas for his clients.
Fazal is a partner at IRB Law, and his practice encompasses a broad spectrum of contentious matters such as arbitration, civil, criminal, and family. He handles both Civil and Muslim matters.
This article discusses the principal rules which apply to the Muslim Will (Wasiat). Every Muslim is encouraged to leave behind…
This article discusses the Hibah and the rules of Muslim law which apply to it. Hibah simply means “gift”. A…
At I.R.B. Law LLP, we are often asked whether the two limitations imposed on the Muslim Will (Wasiat) can be…